Law Commons^™

Delhi Development Authority Vs. Manohar Lal & Co., Aparna Meduri

Aparna Meduri

The parties to arbitration who attended the arbitration proceedings cannot subsequently question the authority of their arbitrator and make it a ground for objecting the award rendered by him.

Is Arbitration Viable In Central America?, Omar E. Garcia-Bolivar

Omar E Garcia-Bolivar

This article lookes at arbitration in Central America as an alternative to a weak rule of law.

The Effect Of Forum Selection Clauses On A District Court's Power To Compel Arbitration, Thomas V. Burch

Thomas V. Burch

No abstract provided.

Competing For Capital: The Diffusion Of Bilateral Investment Treaties, 1960-2000, Andrew T. Guzman

Andrew T Guzman

Over the past forty-five years, bilateral investment treaties (BITs) have become the most important international legal mechanism for the encouragement and governance of foreign direct investment. The proliferation of BITs during the past two decades in particular has been phenomenal. These intergovernmental treaties typically grant extensive rights to foreign investors, including protection of contractual rights and the right to international arbitration in the event of an investment dispute. How can we explain the widespread adoption of BITs? We argue that the spread of BITs is driven by international competition among potential host countries—typically developing countries—for foreign direct investment. We propose …

The Case For Enforcing Adhesive Arbitration Agreements - With Particular Consideration Of Class Actions And Arbitration Fees, Stephen Ware

Stephen Ware

Arbitration clauses appear in a wide variety of the form contracts through which consumers obtain goods, services and credit, as well as in employment agreements, and other contracts of ordinary individuals. These adhesive agreements to arbitrate are generally enforced by courts, but this enforcement is quite controversial. Countless law review articles criticize it, while the few that defend it are usually limited in important ways. This paper defends the general enforcement of adhesive arbitration agreements.

Section I shows that this general enforcement is socially desirable and that it benefits most consumers, employees and other adhering parties. Section II introduces the …